Your Rights to Union Representation!
The Weingarten Rights (or Rules) are if any time, in a discussion with management, you believe that it could possibly result in disciplinary action against you, now or in the future, you have the LEGAL right to UNION REPRESENTATION. If you have any problems exercising your rights with management, this should be reported to your Steward.
Weingarten Rules
Under the U.S. Supreme Court's Weingarten Decision, when an investigatory interview occurs, the following rules apply:
- The employee MUST make a "CLEAR REQUEST", (such as "I want Union Representation before we continue") for Union Representation before or during the interview. The employee cannot be punished for making the request.
- After the employee makes the request, the employer must choose among three options:
- Grant the request and delay questioning until the Union Representative arrives and has a chance to consult privately with the employee
- Grant the request and end the interview immediately
- Give the employee the choice:
- of having the interview without representation (DO NOT TAKE THIS OPTION!)
- Ending the interview
- If the employer refuses the request for Union Representation, and continues to ask questions, your employers COMMITS an UNFAIR LABOR PRACTICE and the employee has the right to REFUSE TO ANSWER. The employers may NOT discipline the employee for such a refusal.
IF IN DOUBT, ASK FOR UNION REPRESENTATION!
